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91_HB1570eng HB1570 Engrossed LRB9103070RCks 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 changing Section 110-10. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Criminal Procedure of 1963 is 6 amended by changing Section 110-10 as follows: 7 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 8 Sec. 110-10. Conditions of bail bond. 9 (a) If a person is released prior to conviction, either 10 upon payment of bail security or on his or her own 11 recognizance, the conditions of the bail bond shall be that 12 he or she will: 13 (1) Appear to answer the charge in the court having 14 jurisdiction on a day certain and thereafter as ordered 15 by the court until discharged or final order of the 16 court; 17 (2) Submit himself or herself to the orders and 18 process of the court; 19 (3) Not depart this State without leave of the 20 court; 21 (4) Not violate any criminal statute of any 22 jurisdiction; and 23 (5) At a time and place designated by the court, 24 surrender all firearms in his or her possession to a law 25 enforcement officer designated by the court to take 26 custody of and impound the firearms when the offense the 27 person has been charged with is a forcible felony, 28 stalking, aggravated stalking, domestic battery, any 29 violation of either the Illinois Controlled Substances 30 Act or the Cannabis Control Act that is classified as a 31 Class 2 or greater felony, or any felony violation of HB1570 Engrossed -2- LRB9103070RCks 1 Article 24 of the Criminal Code of 1961. The court may, 2 however, forego the imposition of this condition when the 3 circumstances of the case clearly do not warrant it or 4 when its imposition would be impractical. All legally 5 possessed firearms shall be returned to the person upon 6 that person completing a sentence for a conviction on a 7 misdemeanor domestic battery, upon the charges being 8 dismissed, or if the person is found not guilty, unless 9 the finding of not guilty is by reason of insanity. 10 (b) The court may impose other conditions, such as the 11 following, if the court finds that such conditions are 12 reasonably necessary to assure the defendant's appearance in 13 court, protect the public from the defendant, or prevent the 14 defendant's unlawful interference with the orderly 15 administration of justice: 16 (1) Report to or appear in person before such 17 person or agency as the court may direct; 18 (2) Refrain from possessing a firearm or other 19 dangerous weapon; 20 (3) Refrain from approaching or communicating with 21 particular persons or classes of persons; 22 (4) Refrain from going to certain described 23 geographical areas or premises; 24 (5) Refrain from engaging in certain activities or 25 indulging in intoxicating liquors or in certain drugs; 26 (6) Undergo treatment for drug addiction or 27 alcoholism; 28 (7) Undergo medical or psychiatric treatment; 29 (8) Work or pursue a course of study or vocational 30 training; 31 (9) Attend or reside in a facility designated by 32 the court; 33 (10) Support his or her dependents; 34 (11) If a minor resides with his or her parents or HB1570 Engrossed -3- LRB9103070RCks 1 in a foster home, attend school, attend a non-residential 2 program for youths, and contribute to his or her own 3 support at home or in a foster home; 4 (12) Observe any curfew ordered by the court; 5 (13) Remain in the custody of such designated 6 person or organization agreeing to supervise his release. 7 Such third party custodian shall be responsible for 8 notifying the court if the defendant fails to observe the 9 conditions of release which the custodian has agreed to 10 monitor, and shall be subject to contempt of court for 11 failure so to notify the court; 12 (14) Be placed under direct supervision of the 13 Pretrial Services Agency, Probation Department or Court 14 Services Department in a pretrial bond home supervision 15 capacity with or without the use of an approved 16 electronic monitoring device subject to Article 8A of 17 Chapter V of the Unified Code of Corrections; or 18 (14.1) The court shall impose upon a defendant who 19 is charged with any alcohol, cannabis or controlled 20 substance violation and is placed under direct 21 supervision of the Pretrial Services Agency, Probation 22 Department or Court Services Department in a pretrial 23 bond home supervision capacity with the use of an 24 approved monitoring device, as a condition of such bail 25 bond, a fee that represents costs incidental to the 26 electronic monitoringnot to exceed $5for each day of 27 such bail supervision ordered by the court, unless after 28 determining the inability of the defendant to pay the 29 fee, the court assesses a lesser fee or no fee as the 30 case may be. The fee shall be collected by the clerk of 31 the circuit court. The clerk of the circuit court shall 32 pay all monies collected from this fee to the county 33 treasurer for deposit in the substance abuse services 34 fund under Section 5-1086.1 of the Counties Code; HB1570 Engrossed -4- LRB9103070RCks 1 (14.2) The court shall impose upon all defendants, 2 including those defendants subject to paragraph (14.1) 3 above, placed under direct supervision of the Pretrial 4 Services Agency, Probation Department or Court Services 5 Department in a pretrial bond home supervision capacity 6 with the use of an approved monitoring device, as a 7 condition of such bail bond, a fee which shall represent 8 costs incidental to such electronic monitoring for each 9 day of such bail supervision ordered by the court, unless 10 after determining the inability of the defendant to pay 11 the fee, the court assesses a lesser fee or no fee as the 12 case may be. The fee shall be collected by the clerk of 13 the circuit court. The clerk of the circuit court shall 14 pay all monies collected from this fee to the county 15 treasurer who shall use the monies collected to defray 16 the costs of corrections. The county treasurer shall 17 deposit the fee collected in the county working cash fund 18 under Section 6-27001 or Section 6-29002 of the Counties 19 Code, as the case may be; 20 (15) Comply with the terms and conditions of an 21 order of protection issued by the court under the 22 Illinois Domestic Violence Act of 1986; 23 (16) Under Section 110-6.5 comply with the 24 conditions of the drug testing program; and 25 (17) Such other reasonable conditions as the court 26 may impose. 27 (c) When a person is charged with an offense under 28 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 29 "Criminal Code of 1961", involving a victim who is a minor 30 under 18 years of age living in the same household with the 31 defendant at the time of the offense, in granting bail or 32 releasing the defendant on his own recognizance, the judge 33 shall impose conditions to restrict the defendant's access to 34 the victim which may include, but are not limited to HB1570 Engrossed -5- LRB9103070RCks 1 conditions that he will: 2 1. Vacate the Household. 3 2. Make payment of temporary support to his 4 dependents. 5 3. Refrain from contact or communication with the 6 child victim, except as ordered by the court. 7 (d) When a person is charged with a criminal offense and 8 the victim is a family or household member as defined in 9 Article 112A, conditions shall be imposed at the time of the 10 defendant's release on bond that restrict the defendant's 11 access to the victim. Unless provided otherwise by the court, 12 the restrictions shall include requirements that the 13 defendant do the following: 14 (1) refrain from contact or communication with the 15 victim for a minimum period of 72 hours following the 16 defendant's release; and 17 (2) refrain from entering or remaining at the 18 victim's residence for a minimum period of 72 hours 19 following the defendant's release. 20 (e) Local law enforcement agencies shall develop 21 standardized bond forms for use in cases involving family or 22 household members as defined in Article 112A, including 23 specific conditions of bond as provided in subsection (d). 24 Failure of any law enforcement department to develop or use 25 those forms shall in no way limit the applicability and 26 enforcement of subsections (d) and (f). 27 (f) If the defendant is admitted to bail after 28 conviction the conditions of the bail bond shall be that he 29 will, in addition to the conditions set forth in subsections 30 (a) and (b) hereof: 31 (1) Duly prosecute his appeal; 32 (2) Appear at such time and place as the court may 33 direct; 34 (3) Not depart this State without leave of the HB1570 Engrossed -6- LRB9103070RCks 1 court; 2 (4) Comply with such other reasonable conditions as 3 the court may impose; and, 4 (5) If the judgment is affirmed or the cause 5 reversed and remanded for a new trial, forthwith 6 surrender to the officer from whose custody he was 7 bailed. 8 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95; 9 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)